Terms of Service

By using the 5apps.com web site (“service”), or any services of
Appcache Ltd (“Appcache”), you are agreeing to be bound by the
following terms and conditions (“terms of service”). If you are
entering into this agreement on behalf of a company or other legal entity,
you represent that you have the authority to bind such entity, its
affiliates and all users who access our services through your account to
these terms and conditions, in which case the term “you” or
“your” shall refer to such entity, its affiliates and users
associated with it. If you do not have such authority, or if you do not
agree with these terms and conditions, you must not accept this agreement
and may not use the services.

5apps reserves the right to update and change the terms of service from time
to time without notice. Any new features that augment or enhance the current
service, including the release of new tools and resources, shall be subject
to the terms of service. Continued use of the service after any such changes
shall constitute your consent to such changes. You can review the most
current version of the terms of service at any time at
https://5apps.com/terms.

Violation of any of the terms below will result in the termination of your
account. While 5apps prohibits such conduct and content on the service, you
understand and agree that 5apps cannot be responsible for the content posted
on the service and you nonetheless may be exposed to such materials. You
agree to use the service at your own risk.

A. Account Terms

You must be 13 years or older to use this service.

You must be a human. Accounts registered by “bots” or other automated
methods are not permitted.

You must provide a valid email address to complete the signup process.

You are responsible for maintaining the security of your account and
password. 5apps cannot and will not be liable for any loss or damage from
your failure to comply with this security obligation.

You are responsible for all content posted and activity that occurs under
your account (even when content is posted by others who have accounts
under your account).

One person or legal entity may not maintain more than one free account.

You may not use the service for any illegal or unauthorized purpose. You
must not, in the use of the service, violate any laws in your jurisdiction
(including but not limited to copyright or trademark laws).

B. Payment, Refunds, Upgrading and Downgrading Terms

All paid plans must enter a valid credit card. Free accounts are not
required to provide a credit card number.

An upgrade from the free plan to any paying plan will immediately bill
you.

The service is billed in advance on a monthly basis and is
non-refundable. There will be no refunds or credits for partial months of
service, upgrade/downgrade refunds, or refunds for months unused with an
open account. In order to treat everyone equally, no exceptions will be
made.

In the event that your credit card cannot be charged when payment is due,
5apps may attempt to notify you. If you do not respond to provide us with
updated credit card information in a timely manner, 5apps reserves the
right to suspend your access to the service.

Each level of the service and subscription plans includes limitations to
the volume of usage. These usage limitations are listed on your account
page. If your usage of the service exceeds the limit for your plan,
5apps may use commercially reasonable efforts to notify you and request
that you upgrade. If the account is not upgraded in a timely manner,
5apps reserves the right to suspend your access to features of the
service until the account is upgraded.

All fees are exclusive of all taxes, levies, or duties imposed by taxing
authorities, and you shall be responsible for payment of all such taxes,
levies, or duties.

For any upgrade or downgrade in plan level, the credit card that you
provided will automatically be charged the new rate on your next billing
cycle. On upgrades the card will be charged once with the prorated amount
of the new fee for the rest of the current billing cycle.

Downgrading your service may cause the loss of features or capacity of
your account. 5apps does not accept any liability for such loss.

C. Cancellation and Termination

You are solely responsible for properly canceling your account. An email
or phone request to cancel your account is not considered cancellation.
You can cancel your account at any time by clicking on the account link
in the global navigation bar at the top of the screen. The account
screen provides a simple no questions asked cancellation link.

All of your content will be immediately deleted from the service upon
cancellation. This information can not be recovered once your account is
cancelled.

If you cancel the service before the end of your current paid up month,
your cancellation will take effect immediately and you will not be charged
again.

5apps, in its sole discretion, has the right to suspend or terminate your
account and refuse any and all current or future use of the service, or
any other 5apps service, for any reason at any time. Such termination of
the service will result in the deactivation or deletion of your account or
your access to your account, and the forfeiture and relinquishment of all
content in your account. 5apps reserves the right to refuse service to
anyone for any reason at any time.

D. Modifications to the Service and Prices

5apps reserves the right at any time and from time to time to modify or
discontinue, temporarily or permanently, the service (or any part thereof)
with or without notice.

Prices of all services, including but not limited to monthly subscription
plan fees to the service, are subject to change upon 30 days notice from
us. Such notice may be provided at any time by posting the changes to the
5apps Site (5apps.com) or the service itself.

5apps shall not be liable to you or to any third party for any
modification, price change, suspension or discontinuance of the service.

E. Copyright and Content Ownership

We claim no intellectual property rights over the material you provide to
the service. Your profile and materials uploaded remain yours. However, by
setting your apps to be viewed publicly, you agree to allow others to view
and use your apps.

5apps does not pre-screen content, but 5apps and its designee have the
right (but not the obligation) in their sole discretion to refuse or
remove any content that is available via the service.

You understand that 5apps uses third party vendors and hosting partners to
provide the necessary hardware, software, networking, storage, and related
technology required to run the service.

You must not modify, adapt or hack the service or modify another website
so as to falsely imply that it is associated with the service, 5apps, or
any other 5apps service.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any
portion of the service, use of the service, or access to the service
without the express written permission by 5apps.

We may, but have no obligation to, remove content and accounts containing
content that we determine in our sole discretion are unlawful, offensive,
threatening, libelous, defamatory, pornographic, obscene or otherwise
objectionable or violates any party’s intellectual property or these terms
of service.

Verbal, physical, written or other abuse (including threats of abuse or
retribution) of any 5apps customer, employee, member, or officer will
result in immediate account termination.

You understand that the technical processing and transmission of the
service, including your content, may be transfered unencrypted and involve
(a) transmissions over various networks; and (b) changes to conform and
adapt to technical requirements of connecting networks or devices.

You must not upload, post, host, or transmit unsolicited email, SMSs, or
“spam” messages.

You must not transmit any worms or viruses or any code of a destructive
nature.

If your bandwidth usage significantly exceeds the average bandwidth usage
(as determined solely by 5apps) of other 5apps customers, we reserve the
right to immediately disable your account or throttle your file hosting
until you can reduce your bandwidth consumption.

5apps does not warrant that (i) the service will meet your specific
requirements, (ii) the service will be uninterrupted, timely, secure, or
error-free, (iii) the results that may be obtained from the use of the
service will be accurate or reliable, (iv) the quality of any products,
services, information, or other material purchased or obtained by you
through the service will meet your expectations, and (v) any errors in the
service will be corrected.

You expressly understand and agree that 5apps shall not be liable for any
direct, indirect, incidental, special, consequential or exemplary damages,
including but not limited to, damages for loss of profits, goodwill, use,
data or other intangible losses (even if 5apps has been advised of the
possibility of such damages), resulting from: (i) the use or the inability
to use the service; (ii) the cost of procurement of substitute goods and
services resulting from any goods, data, information or services purchased
or obtained or messages received or transactions entered into through or
from the service; (iii) unauthorized access to or alteration of your
transmissions or data; (iv) statements or conduct of any third party on
the service; (v) or any other matter relating to the service.

The failure of 5apps to exercise or enforce any right or provision of the
terms of service shall not constitute a waiver of such right or provision.
The terms of service constitutes the entire agreement between you and
5apps and govern your use of the service, superseding any prior agreements
between you and 5apps (including, but not limited to, any prior versions
of the terms of service). You agree that these terms of service and Your
use of the service are governed under Dutch law.